[HISTORY: Adopted by the Borough Council
of the Borough of Stone Harbor as Sec. 13-6 of the 1982 Revised General
Ordinances; amended in its entirety 10-16-2018 by Ord. No. 1530. Subsequent amendments
noted where applicable.]
A.
No person or association of persons shall construct, reconstruct,
extend, enlarge, repair (except for ordinary repairs), locate, move
or change the size, shape, configuration or location of any pier,
dock, wharf, boat piling or float without first obtaining a building
permit therefor from the Construction Official. The fee for such permit
shall be $16 per $1,000 or any part thereof, with a minimum of $100.
B.
The Construction Official is empowered and charged with the duty
of enforcement of this chapter. A permit shall not be required when
the nature of the work to be performed consists of ordinary repairs
to an existing structure. Ordinary repairs, for the purpose of this
subsection, shall be deemed to be any repairs or replacements to a
portion of the railing or the deck boards of any pier, dock, wharf,
or float. The complete replacement of railings or deck boards on any
pier, dock, wharf or float, and any and all repairs to a bulkhead
or boat piling shall not, however, be deemed ordinary repairs and
shall require a permit.
C.
Except as provided in N.J.S.A. 12:5-1 et seq. any such work, including
ordinary repairs, requires application to the New Jersey Department
of Environmental Protection as a prior approval, if said work, or
any portion thereof, is conducted on the water side (as opposed to
the land side) of the bulkhead.
A.
Applications for permits to construct, reconstruct, extend, enlarge,
locate, move or change the size, shape, configuration or location
of any pier, dock, wharf, boat piling or float shall be accompanied
by a plan of construction together with specifications sufficient
in detail to show the size, shape, configuration and location of such
structures and the material to be used in such construction and the
manner in which such material shall be incorporated into the structure.
B.
No pier, dock, wharf, boat piling or float to be constructed within any lagoon shall extend beyond the exterior property line as shown on the official tax map, and as also established by the reservations, covenants and conditions of the deeds of conveyance to lands bordering along the waters of the lagoons. Provided, however, that relief may be granted from the terms of this subsection upon application made to Borough Council pursuant to § 199-4 in situations where the enforcement of this subsection would be discriminatory or cause a hardship to an applicant.
C.
No pier, dock, wharf, boat piling or float to be constructed in waters classified officially as navigable waters, or waters over which the United States of America, the State of New Jersey, or either of them, exercise or claim jurisdiction and control, shall extend beyond the line established by the riparian commissioners of the State of New Jersey or beyond the line established by any deed restriction. In such cases the Construction Official shall not issue a permit until the applicant has first obtained written permission to construct from the proper department of the United States and/or from the proper department of the State of New Jersey, as may from time to time be required. These conditions shall be in addition to the conditions set forth in Subsection B.
A.
If for any reason strict compliance with the provisions hereof are
impossible of performance, or in cases where appeals are taken from
any determination made by the Construction Official, the Borough Council
may after a hearing held thereon, modify, alter or change the requirements
or any determination made by the Construction Official. Ten days prior
to the hearing, the applicant shall deliver to the Borough Clerk eight
copies of a survey or plot plan which accurately portrays the applicant's
property, the buildings located thereon, and all existing decks, docks,
ramps or floats, together with any proposed decks, docks, ramps or
floats.
B.
Additionally, such survey or plot plan shall show the location of
any decks, docks, ramps or floats of the contiguous neighbor on each
side of applicant's property and the distances between the decks,
docks, ramps and floats of each neighbor and those of the applicant.
The applicant shall give at least 10 days' written notice of
the hearing by personal service or certified mail, return receipt
requested, to all persons owning property within 200 feet of the property
to be affected by the application. Such notice shall advise the date,
time and place of the hearing, and the applicant shall supply an affidavit
of service of this notice prior to the hearing. No limit of time shall
be imposed against the taking of such appeal or making application
to the Borough Council, and written notice filed with the Borough
Clerk shall be deemed sufficient as to form and manner of the appeal.
The provisions of this chapter referring to persons or associations
of persons shall be read to include an owner, lessee, contractor and
the agents, servants or employees of them or any of them.
